AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 271 (20 February 2024)
The plaintiff was a gratuitous licensee, not a purchaser or tenant, and failed to comply with the conditions of his occupation. The defendants were entitled to repossess their land, and the plaintiff failed to prove his claim on the balance of probabilities.
- Citation
- AGYEI VRS ATTA & ANOTHER (BR/KK/DC/A11/8/24) [2024] GHADC 271 (20 February 2024)
- Parties
- Plaintiff: Agyei David; Defendant: Osofo Atta; Defendant: Akwasi Darko
- Court
- ghadc
- Jurisdiction
- Ghana
- Judgment Date
- 20 February 2024
- Procedural Posture
- Civil / Judgment
- Outcome
- Plaintiff's claims dismissed.
- Legal Topics
- Licensee Rights, Ejectment, Self Help Remedies, Damages, Tenancy at Sufferance
- Source Language
- eng
Case Brief
Summary, issues, holding and outcome
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Parties
Agyei David
Plaintiff
Osofo Atta
Defendant
Akwasi Darko
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff was granted the land permanently or as a licensee
- 2 Whether the defendants were entitled to use self-help to remove the plaintiff's container
Ratio Decidendi
The plaintiff was a gratuitous licensee, not a purchaser or tenant, and failed to comply with the conditions of his occupation. The defendants were entitled to repossess their land, and the plaintiff failed to prove his claim on the balance of probabilities.
Court Disposition
Plaintiff's claims dismissed.
Orders
- Plaintiff to pay costs of GHC 1,500.00 to defendants.
- Plaintiff ordered to remove his metal container from defendants' church land and yield vacant possession forthwith.
Full Case Text
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